Roommate Question

[Facetious]

Here's a hypothetical legal question to the forum. Lets say I have two roommates that are not on the apartment lease, what steps can I take to remove them from my premises?

If it's some ho that you got preggers, along with her 7 year old baggage (son)...
boy, you got problems! :1orglaugh

 

[tiger1977]

Move somewhere else.

 

[Hot Mega]

Play it safe, give them a 30 day notice and if they're not gone after 30 days then have the cops come over and evict them and their shit.

Claiming they are guests, etc. is nonsense as you take your chances that they will easily be able to prove in court they were paying you rent...physical contract or not a judge is likely going to see it as a sublease.

In some cases and depending on the state, landlords..(which you would be considered one for the purposes of this case) have extra duties (fiduciary) where laws heavily favor tenants where you can not only loose in court but be penalized for not doing what you should.

 

[Supafly]

I reckon the other guys should kick Ziggous out. . .hypothetically of course!

I reckon you should rename your self to mrtrollus :2 cents:

 

[meesterperfect]

@Ziggous:

PLease tell us which state you live in, so we can see if we can find info on the legal situation.

Yet, meesters' plan is the best way to get them out, as it seems to me your self-proclaimed friiends are far from being that. Friends to not harass friends and ry to leech them. Friends leave each other alone when asked to do so.

Do not feel bad about stepping up to the plate and get the police to take them out.

Another advice: Do not warn them. Leeches can get tricky when they feel their host tries to shake them.

Call the police from outdoors and when they ask why you did that, here comes the explanation: They said they would team up on you. Strengthens your case.

yes, but you must go to the police station for a temp. restraining order.
but there has to be a threat involved.
if there isn't he must lie.
the police will then call a judge who will grant the TRO and the police will then remove the people the same day.
but this guy is within his right to kick them out on the spot, so the police might just do that rather than fill out the tro form.

p.s. op, like supa said, dont warn them first, they may destroy or steal your property or something.

 

[Ziggous]

ziggous, read this post and trust me.
i have been in this situation before

do you have a legal contract with these people?
are they on the lease?

if not they are guests in your house and the police must remove them.
and if they don't, then lie.
tell the police they have threatened you and you want a temporary restraining order, then the police have to make them leave.
when the hearing comes, you just say the matter has been resolved, which it has because you got them out of your house.
change the locks on your door
if they try to return just dont let them in.

Suppose you can ask for a restraining order and when officials look into it further then bring up the lease situation again...

 

[meesterperfect]

but there is no lease situation, correct?
and they don't look into it further anyway.
besides it doesn't matter if they are on the lease or not.
if they are however, you should just move out.
go to the station. tell them the situation. if they don't help you then you say you want a temporary restraining order.
once you say the word restraining order, they have to do their jobs.`
the police call a judge who is on call just for granting restraining orders.
he grants it, police go to house and serve it, removing the scumbags.
you change the locks.
you get a letter in the mail with a hearing date.
you go and you either get the order permanent or you drop it, either way they are out of your house.

the end, hopefully.

 

[Ziggous]

but there is no lease situation, correct?
and they don't look into it further anyway.
besides it doesn't matter if they are on the lease or not.
if they are however, you should just move out.
go to the station. tell them the situation. if they don't help you then you say you want a temporary restraining order.
once you say the word restraining order, they have to do their jobs.`
the police call a judge who is on call just for granting restraining orders.
he grants it, police go to house and serve it, removing the scumbags.
you change the locks.
you get a letter in the mail with a hearing date.
you go and you either get the order permanent or you drop it, either way they are out of your house.

the end, hopefully.

how about we throw another monkey wrench into the situation,

what if there's suspicion of them dealing controlled substances?

 

[mrtrebus]

how about we throw another monkey wrench into the situation,

what if there's suspicion of them dealing controlled substances?

Er, this is all still hypothetical of course! :1orglaugh

 

[STDiva]

Rape.

 

[Rey C.]

Suppose you can ask for a restraining order and when officials look into it further then bring up the lease situation again...

Dude, you've already made one mistake by getting roommates without knowing the legal implications. Don't make a second mistake by doing what he just told you to do. By lying to the police, magistrate or judge, you'll be digging yourself a DEEP legal hole... in addition to creating a lot of senseless drama.

First of all, I don't know what state you are in... and yes, that may make a difference. Each state has its own laws on tenancy. You have a written lease, correct? Is the landlord aware that you have brought in roommates? What I mean is, are you taking the money and paying the lease or are they paying the landlord? If it's the former, then you may have created a month-to-month tenancy with these people. If the landlord is taking the money directly from them, then he's probably the only one who can truly evict them (at least in my state). Most landlords wouldn't go for this (I know I wouldn't). So I'm guessing that you brought them in on your own (with or without the landlord's knowledge - which could be a problem for you if he has to get involved).

The first thing I would do is get proper legal advice from an attorney (legal aid or otherwise) in your state. Follow whatever advice the attorney gives you. My guess is you'll have to give them written notice to vacate. Let's say it's 30 days in your state. Do it formally (either have the notice served or at least delivered by certified/registered mail). And DO NOT accept anymore money from them! Then if they refuse to leave after 30 days, you should be able to undertake eviction proceedings. If the judge grants you possession, then the sheriff/marshal will stand present while they or you carry their possessions to the curb.

If none of that works, then do the next most logical thing: walk around naked all day and pee on them when they get within two feet of you.

 

[mrtrebus]

The first thing I would do is get proper legal advice from an attorney (legal aid or otherwise) in your state. Follow whatever advice the attorney gives you. .

Exactly. Don't seek advice on a fucking porn forum!

 

[Ziggous]

Er, this is all still hypothetical of course! :1orglaugh

you know you over hear things at church

Not looking for legal advice, just wondering how different people would react given the situation

 

[D-rock]

If all else fails just invite BlueBalls and PirateKing over to stay with them. They will be running for the hills in no time.

Seriously you could always have around people they will hate. Otherwise it looks like you will have to have them evicted through the court. There isn't much recourse left before then if they don't leave themselves.

 

[Rey C.]

how about we throw another monkey wrench into the situation,

what if there's suspicion of them dealing controlled substances?

Well, when the cops break down the door, needless to say, you're probably going to jail too. Afterall, you're the one on the lease.

 

[meesterperfect]

how about we throw another monkey wrench into the situation,

what if there's suspicion of them dealing controlled substances?

i would not get involved with that if i were you.
you can be charged as well.

Dude, you've already made one mistake by getting roommates without knowing the legal implications. Don't make a second mistake by doing what he just told you to do. By lying to the police, magistrate or judge, you'll be digging yourself a DEEP legal hole... in addition to creating a lot of senseless drama.

First of all, I don't know what state you are in... and yes, that may make a difference. Each state has its own laws on tenancy. You have a written lease, correct? Is the landlord aware that you have brought in roommates? What I mean is, are you taking the money and paying the lease or are they paying the landlord? If it's the former, then you may have created a month-to-month tenancy with these people. If the landlord is taking the money directly from them, then he's probably the only one who can truly evict them (at least in my state). Most landlords wouldn't go for this (I know I wouldn't). So I'm guessing that you brought them in on your own (with or without the landlord's knowledge - which could be a problem for you if he has to get involved).

The first thing I would do is get proper legal advice from an attorney (legal aid or otherwise) in your state. Follow whatever advice the attorney gives you. My guess is you'll have to give them written notice to vacate. Let's say it's 30 days in your state. Do it formally (either have the notice served or at least delivered by certified/registered mail). And DO NOT accept anymore money from them! Then if they refuse to leave after 30 days, you should be able to undertake eviction proceedings. If the judge grants you possession, then the sheriff/marshal will stand present while they or you carry their possessions to the curb.

If none of that works, then do the next most logical thing: walk around naked all day and pee on them when they get within two feet of you.

most of youre advice is good i believe, except the restraining order part.
theyre to get people away from you, out of your house and out of your life.
this guys situation is perfect , custom made for a TRO.
if he wants people out of his place and they are not on the lease(or even if they are) and the police won't help him get them out then a TRO is the last resort and it works.
and a lawyer will charge him 200.000 to tell him the same.

I've been in this situation more than once, its good advice damn it.

also, evicting them through court is not the way to go.
he can't even do that if he's not the property owner.
i've been in that situation too and have seen many cases.
for one if they don't come to court , which they probably won't, nothing happens.
no warrants, nothing.
and if they do and they are evicted the sheriff department usually doesn't even go there and remove them,
they have the right to appeal........it takes months, even a year to finally get them out that way.

 

[Rey C.]

most of youre advice is good i believe, except the restraining order part.
theyre to get people away from you, out of your house and out of your life.
this guys situation is perfect , custom made for a TRO.
if he wants people out of his place and they are not on the lease(or even if they are) and the police won't help him get them out then a TRO is the last resort and it works.
and a lawyer will charge him 200.000 to tell him the same.

I've been in this situation more than once, its good advice damn it.

also, evicting them through court is not the way to go.
he can't even do that if he's not the property owner.
i've been in that situation too and have seen many cases.
for one if they don't come to court , which they probably won't, nothing happens.
no warrants, nothing.
and if they do and they are evicted the sheriff department usually doesn't even go there and remove them,
they have the right to appeal........it takes months, even a year to finally get them out that way.

I assume your "advice" is based on your time in New Jersey. Does Ziggous live in New Jersey? As I told him, each state has different laws regarding tenancy and leasehold property rights. So the best thing for him to do is seek legal advice... from someone who actually knows the law. Maybe he qualifies for legal aid or maybe he can get free legal advice through his employer (some benefit plans do offer 30-60 minutes free consultation with a designated attorney).

You told him to lie to get a restraining order. That is the absolute worst piece of advice that I've seen in this thread. Walking around naked and peeing on them is better advice than that.

In February, I'll have been in real estate for exactly 25 years. And I know very well how real estate laws work in my state. Other states, I'm not as well versed on. But I'm not aware of any state in the union where it's advisable to lie to a magistrate or judge to get a restraining order. And yes, if you are the lessee and are (legally) subletting, you most certainly can undertake an eviction. You can do that in commercial real estate and you can do it in residential real estate. If they've been properly served, and they don't come to court (in my state), the judge decides the case in your favor, granting you possession. At that point, you serve a notice of eviction and the judge sets a date for them to be out (usually a week or so). On that date, if they're not out, a deputy will stand by while you carry their belongings to the curb and change the locks.

But if he performs an eviction on his own (like how he probably sublet the apartment without telling the landlord?), they could take him to court and sue him for damages. And let's hope for his sake that I'm not his landlord. Because if I got wind of this silly shit (unapproved tenants, fake restraining orders, drug dealing, etc.) going on, I'd solve all their problems by evicting the whole fucking bunch of them.

This is the EXACT reason why I started using property managers about 15 years ago. Let them deal with the daily dumb shit and drama.